Cates v. Sparkman

• Decision Date: 30 April 1886
• Court: Texas Supreme Court
• Parties: CATES v. SPARKMAN <I>et al.</I><SMALL><SUP>2</SUP></SMALL>

18 S.W. 446

CATES v. SPARKMAN et al.²

Supreme Court of Texas.

April 30, 1886.

Appeal from district court, Wise county; F. E. PINER, Judge.

Action by Charles D. Cates against L. C. Sparkman and others. Judgment for defendants. Plaintiff appeals. Dismissed.

Hogsett & Green and Crane & Trenchard, for appellant. Potter & Hughes, for appellees.

STAYTON, J.

The record shows that the Wise County Coal Company, a private corporation, was made a defendant in this action, and that relief was sought against it, as well as the other parties defendant, of such character that the same could not be given without affecting all the defendants alike in this respect. It further appears that a judgment was rendered in favor of all the defendants, and yet no appeal was perfected as against the defendant corporation. The judgment is an entirety, and this court will not revise it until all the parties defendant are brought before it. Such a judgment in favor of many defendants cannot be appealed from by piecemeal. The appeal attempted in this case must therefore be dismissed. It is so ordered.

2. This case, filed April 30, 1886, is now published by request, with others, in order that the Southwestern Reporter may cover all cases in volume 66, Texas Reports.